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1993 Supreme(SC) 236

B.P.JEEVAN REDDY, N.M.KASLIWAL, KULDIP SINGH
Managing Director, Food Corporation Of India – Appellant
Versus
Narendra Kumar Jain – Respondent


Advocates:
B.S.JAIN, H.D.PATHAK, HARISH N.SLAVE, S.K.Gambhir, V.R.REDDY, VISHNU MATHUR, VIVEK GAMBHIR

JUDGMENT

KULDIP SINGH, J —Special leave granted.

2. The respondent was working as Assistant Manager (Depot) with the Food Corporation of India. He was charge-sheeted on March 3, 1987 and disciplinary proceedings were initiated against him. The Inquiry Officer found the charges proved against him and as a consequence the disciplinary authority by the order dated September 29, 1988 dismissed the respondent from service. He challenged the order of dismissal before the High Court on the following three grounds:

(1) There has been violation of the principles of natural justice. The Inquiry Officer and the punishing authority being different he was entitled to a copy of the inquiry report before imposing the punishment of dismissal.

(2) The inquiry report was based on extraneous material. Maitheys report which finds mention in the charge-sheet was neither brought on the record nor copy of the same was given to him. The said report was not even placed before the appellate authority or the High Court.

(3) Copies of the relevant documents and material asked for by him, which were relevant for the defence, were not supplied. The action was arbitrary and violative of Article 14 of the Constitutio






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